PETALING JAYA, 22 April 2009: The Bar Council has formed a constitutional law committee to keep tabs on pressing federal and state-level constitutional issues.
Bon (Courtesy of Edmund Bon)Committee chairperson Edmund Bon explained that the Bar Council was prompted to form the committee in light of several events in the past year. He cited the troubled relationship between the Barisan Nasional (BN)-ruled federal government and Pakatan Rakyat (PR)-governed states as an example.
“We need to see where the constitution stands with regards to Malaysians, and whether there is a need for reform,” Bon said, adding that it was important to see whether the spirit of the Federal Constitution had been diluted or misinterpreted.
“We may then find the constitution to be totally fine. But this process of examination has to happen.”
Bon explained that the constitutional law committee, which was formed on 11 April and will meet by May to discuss concrete plans, hoped to hold a series of dialogues and symposia that would discuss and educate the public on key constitutional issues. He identified these to be:
Federal and state relations; the extent to which federal and state governments have control over natural resources and matters of public governments; and how tussles such as that between the Selangor state and federal governments over water arise.
The fundamental liberties of Malaysian citizens. Bon noted that Malaysians’ fundamental rights, as guaranteed by Part II of the Federal Constitution, is being “diluted on a daily basis by the judiciary.” He added that there may be a need to infuse international human rights norms into the Malaysian constitution.
Emergency laws, such as the Internal Security Act, as provided for by Articles 149 and 150 of the Federal Constitution. “These may have been relevant in 1957. Are they relevant today?”
The democratic separation of powers of the executive, judiciary and legislature. In the 2007 Public Prosecutor v Kok Wah Kuan case, then Chief Justice Datuk Abdul Hamid Mohamad decided that the separation of powers doctrine is merely a political theory that is not consistently reflected in the constitution.
“From these, we will prepare working papers that will include feedback from our speakers and the public,” Bon said.
These broad perspectives would assist the committee in advising the Bar Council on how to deal with constitutional issues, and help it submit recommendations to the government if amendments are deemed necessary.
The constitutional law committee will seek to partner with academics and constitutional law experts, the Human Rights Commission (Suhakam), and non-governmental organisations (NGOs) that deal with matters pertaining to the constitution; as well as with students who focus on the subject.
Claiming ownership
According to Bon, a further aim by the committee would be to raise public awareness about the framework and content of the Malaysian federal and state constitutions.
He revealed that the Federal Constitution, a 1957 result of the Reid Commission, was drafted after limited public enquiries, but saw no real referendum on its key provisions.
The document has since been subject to rampant amendments; as of 2005, more than 650 individual changes have been passed by Parliament.
“Have these amendments been to the benefit of the people? We need greater public discourse. I think that many people really don’t know enough of what the Federal Constitution means and how it affects them,” Bon said.
“People seem to be afraid of the constitution. This unfortunately results in apathy and ignorance, which is not what any civil society should have.”
Bon added that while there are signs of improvement, the process of raising awareness had to be accelerated.
“The constitution is the supreme law of the land. It is the law that allows us to be here, and establishes our institutions to govern our country. We need to get Malaysians to claim ownership of it. Otherwise, they will be less equipped to stand up to tyranny and oppression.” 
orang kampung says
Its high time the Bar Council stepped in to ensure that the constitution is not raped further by the government.
The lay person can only voice their frustrations and are not able to engage the government effectively.
The rakyat wishes the Bar Council godspeed.
cruzeiro says
Is it any wonder that “they” spit on the Federal Constitution on a daily basis?
Knowing them, they’ll propose that we formulate a new FC, so as to facilitate the perpetuation of the “gangsta rule”, after the mutilation is complete ….
Actually, for all practical purposes, the Fedral Constitution is dead, as the Judiciary is simply an instrument of the executive, and favours them as a rule – while the relevant bodies play the “politics of silence”.
Who then is to be blamed for this apathy?
Observer says
This is another attempt by Pakatan supporters in the Bar Council to use the apolitical Council to advance their objectives. Tell me, who are in this Council? Most if not all are Pakatan sympathisers. Bon himself is on record a lawyer acting for Perak Pakatan in the current tussle with the BN government. To this group of people, the constitution is only good if it works to their advantage.